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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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cca requests


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Hi all,

 

I have written to 4 of my creditors requesting CCA and agreements and these are what i have recieved back (my requests were sent on the 7th Nov)

 

CABOT FINANCIAL:-

 

We acknowledge receipt of your request under sections 77 and/or 78 of the consumer credit act.

 

The Cabot Financial Group is not obliged to provide this information but we are pleased to help and have already requested the documentation for you from the original lender.

 

We anticipate that we will be able to provide this information within 12 days. In the event we are unlikely to obtain this information within those time limits, we will write to you again.

 

Emma Robertson - customer relations manager

 

LINK FINANCIAL:-

 

You have recently made a request under section 77/78 for copies of various documents.

 

As you are aware LINK FINANCIAL purchased your account from NORTHERN ROCK on 29 June 2007 and as such we do not always hold this documentation. We have requested a copy of the agreement and the most recent terms and conditions your account was operated under from NORTHERN ROCK and look forward to sending this to you in the near future, however please be advised that this can take up to 30 days to provide.

 

No administration charge has been applied to your account at this time and therefore any payment made with your request has been applied to reduce you outstanding debt. However where cost is incurred by Link for the provision of any statements by the Vendor we will pass these charges to you.

 

Your account has been put on hold for the next 14 days for you to contact this office with further details as requested above.

 

End of letters.

 

 

What do i do? Do i leave it and wait for the 12 days + 30 if nothing happens?

 

And what is the request at the bottom of Links letter? What further details are requested above??

 

As i say, these are the letters word for word as i don't have a scanner.

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Just noticed, These letters are sooooo generic and probably sent out saying the same thing.

 

When i sent the Link letter i forgot to put the cheque in it yet they don't mention anything about being able to charge for this info and therefor i need to send payment. Instead they assume that i have sent payment and have put it against my account..

 

I should say i sent a cheque for £30k :D

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I would just sit tight until they default on the time limits then contact trading standards, also after 12 working days you are within your rights to withold any payments

 

regards,

shane

____________________________________________

All advice is offered freely & without prejudice

 

 

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The Cabot Financial Group is not obliged to provide this information

 

This is also not true, under s175 of the Act they, as agents on behalf of the original creditor have a duty to pass any said request on to the OC

 

regards,

shane

____________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

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We have requested a copy of the agreement and the most recent terms and conditions your account was operated under from NORTHERN ROCK

 

They need to provide you with a copy of the T&c's applicable at the time you opened the account, especially if the agreement has been varied in any way, otherwise how can they show proof you gave consent to the variation. If they only send a copy of the most recent t&c's they have not satisfied their responsibilities under a s77-79 request and remain in default until they do

 

regards,

shane

____________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

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I think i will just wait until they default.

They are obviously trying to cover their back sides but it isn't good enough.

 

 

 

I don't think they're trying to cover their backsides; they are deliberately trying to deceive and mislead. It is simply not credible that these organisations are not aware of their obligations under the law that regulates such fundamental aspects of their business.

 

Given that this grubby industry's trade association, the ridiculously pompous CSA, is clearly not inclined to ensure its members act correctly (they are far more concerned with promoting debt-collectors as 'contributors to the country', and criticising debtors who dare to use the law), perhaps the regulators ought to undertake a review of the industry practices, and take action to stop these companies lying and cheating.

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  • 2 weeks later...

Cabot are hilarious,

 

They have sent me a statement. Thats it, a statement showing the debt.

Do they think this is all they have to supply?

 

Well, the 12 days is up so i am nopw counting down to the thirty days which will be 19th Dec

 

Not giving up on this

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  • 1 month later...

Happy new year everybody

 

Just an update and some help.

 

The deadline has passed for all my creditors that i requested CCA. The date was 19th December and i haven't heard anything from any of them apart from Cabot who sent me 2 statements of my account (which doesn't even resemble anything close to an original agreement)

 

I have left it until the new year to give an extra chance but nothing so can someone please point me to the appropriate letter informing the DCA that they have defaulted by law

 

All help greatly appreciated.

 

Dave

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I would leave it until they request payment, or until they pass it to the next desk on the left. Then Complain.

 

It isn't your job to remind these people of the law, nor their obligations under it. Given that their whole industry is legislated by this single set of laws, I would have thought they should know it by heart.

 

Say Nowt, Do Nowt, let the clock keep on ticking. They already know they're in default, they already know their status, you don't need to remind them

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  • 2 weeks later...

A quick update...

 

I received my first acknowledgement from one of my creditors (albeit way past the time allowed) It says the following...

 

Dear Mr xxxx

 

Your request for information under the Consumer Credit Act

 

Unfortunately Cabot has not been able to provide you with the requested information within the relevant time period. We have worked hard to obtain this information for you. (oh my heart bleeds)

However, the original lender has not yet been able to locate the relevant information from their archives.

 

You are of course entitled to request the information direct from the original lender.

 

Your Account

 

Cabot shall continue to hold any action on your account until further notice.

 

What happens next?

 

Although Cabot is dependant on the original lender for the information, the relevant time period has now expired. However, Cabot shall continue to request the information from the original lender to assist you with your request. We hope to receive the relevant information shortly.

 

Yours Sincerely

 

E Robertson

 

 

Now...

 

What do i do?

 

This letter is to me an almost cop out. When i have requested to speak to the original creditor i have been told that it is now the property of Cabot and they can do nothing. Yet Cabot are saying i should contact them???

 

Do i write back??

 

Help please

 

 

Dave

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Sit back and relax, even if they did come up with a copy of the credit agreement that meets all the prescribed terms now they cannot enforce it (without having it made enforceable by a court)

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  • 4 weeks later...

Update:

 

Link have come up with the credit agreement, although the time allowed expired in December 07.

 

What do i do now?

 

My plan is to write back stating that they broke the law by not providing it in time. Then making an offer of payment (monthly payment £50)

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